Patna High Court
Shyam Kishore MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, finding that the delay infringed his right to a speedy trial.
Summary
Shyam Kishore Mishra, accused under Sections 8, 20(b)(ii)(C), 25 and 29 of the NDPS Act, has been in custody since 14 September 2022. His first bail application was rejected in September 2023 with a direction to expedite the trial. The second bail petition highlighted that only seven of nine prosecution witnesses have been examined, resulting in a three‑year‑plus delay, allegedly violating his right to a speedy trial under Article 21. The State could not dispute these factual submissions. The Court, noting the inordinate delay and the precedent of Hussainara Khatoon, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. Sec. 437(3) and BNSS Sec. 480(3).
Issues considered
- Whether the prolonged pre‑trial detention violates the petitioner’s right to a speedy trial under Article 21
- Whether bail should be granted in view of the delay and the pending trial under the NDPS Act
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 25, 29, 8
Subjects
- bail
- speedy trial
- pre‑trial detention
- NDPS Act
- Article 21
- fundamental rights
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58717 of 2025
Arising Out of PS. Case No.-218 Year-2022 Thana- KUTUMBA District- Aurangabad
======================================================
Shyam Kishore Mishra S/O Late Jitvahan Mishra Resident of village-
Barheta, P.S.- Kutumba, District- Aurangabad
... ... Petitioner
Versus
1. The State of Bihar Patna
2. Deputy Superintendent of Police Economic Offence wing (Unit) Bihar,
Patna Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bachhan Jee Ojha, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
For the EOU : Mr.Vijay Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 09-02-2026 Heard Mr. Bachhan Jee Ojha, learned counsel
appearing on behalf of the petitioner and Mr. Vijay Anand,
learned counsel appearing for the Economic Offence Unit,
Bihar.
2. The accused/petitioner named in the First
Information Report seeks bail in connection with Kutumba
P.S. Case No. 218 of 2022 registered for the offences under
Sections 8/20 (b)(ii)(C), 25 and 29 of the Narcotic Drugs and
Psychotropic Substances Act.
3. This is the second successive bail petition of the
petitioner, who is in custody since 14.09.2022. The first
Patna High Court CR. MISC. No.58717 of 2025(3) dt.09-02-2026
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prayer of bail of the petitioner was rejected through Cr. Misc.
No. 33951 of 2023 dated 19.09.2023 with a direction to the
learned trial court to expedite the trial as soon as possible.
4. Taking shelter of the aforesaid direction, it is
submitted by learned counsel appearing on behalf of the
petitioner that despite of the fact that petitioner remains in
custody since 14.09.2022, i.e. since last three years and five
months, the matter is still pending for examination of
prosecution witnesses, as out of nine charge-sheeted
witnesses, only seven prosecution witnesses have been
examined till date.
5. It is submitted that in want of trial, petitioner
cannot be kept behind the bar for an indefinite period. It is
submitted that such inordinate delay in trial appears to violate
the fundamental right of petitioner qua speedy trial, and, in
support of his submission, learned counsel relied upon the
legal report of Hon’ble Supreme Court as available through
Hussainara Khatoon & Ors Vs. Home Secretary State
of Bihar [1980 (1) SCC 98].
6. It is submitted that considering the aforesaid
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aspect, similarly situated co-accused namely, Rohit Kumar
Mishra was granted bail by one of the learned coordinate
Bench of this Court through Cr. Misc. No. 70183 of 2025
dated 22.12.2025.
7. Learned A.P.P. for the State duly assisted by Mr.
Vijay Anand, learned counsel appearing for the EOU, while
opposing the prayer of bail of the petitioner, could not
disputed the aforesaid factual submission as advanced by
learned counsel for the petitioner.
8. In view of aforesaid factual submission and by
taking note of the fact as petitioner remains in custody since
14.09.2022 i.e. three years and five months and still the trial
is pending in want of examination of prosecution witnesses,
which prima facie suggests violation of fundamental right of
petitioner qua speedy trial as available under Article 21 of the
Constitution of India, accordingly, above-named petitioner is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties of
the like amount each to the satisfaction of learned Special
Judge (N.D.P.S.)-cum-A.D.J. - 1st, Aurangabad/concerned
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court, in connection with Kutumba P.S. Case No. 218 of
2022, subject to the condition as laid down under Section
437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”) with further condition:
(I) That accused/petitioner shall not made any
attempt to delay trial, failing so, the
State/informant shall be at liberty to move
before the Trial Court itself for the cancellation of
bail bond of the petitioner, which shall be decided
by trial court itself after giving opportunity of
hearing to the petitioner.
(ii) Accused/Petitioner shall physically present
on each and every date before the Trial Court till
conclusion of the trial and exemption from
physical appearance be allowed by the Trial
Court, only on medical ground of the petitioner
duly supported by the documents.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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